I could not care less about this brouhaha, as I have already said, but tomcy quoted the following above, from the MoFi website. "First and foremost, we only utilize first generation original master recordings as source material for our releases." If I were a lawyer (g*d forbid) arguing this issue in court, I would take the position that DSD-encoded music is in the category of "recordings". Therefore, there is no deception surrounding tape vs SACD or 4XSACD. The deception is around the definition of "first generation original master recordings". I am actually quite confident that they are getting better results with their technique than they could hope to achieve with a true first generation master tape, where the music was captured on tape 20 and much more years ago. And that's why they do it.
MoFi controversy
I see this hasn't been mentioned here yet, so I thought I'd put this out here. Let me just say that I haven't yet joined the analog world, so I don't have a dog in this fight.
It was recently revealed that Mobile Fidelity Sound Labs one step LPs are being cut from digital masters (DSD) rather than being straight analog throughout the chain.
Here is one of the many Youtube videos that discusses it
To me, it seems that if MOFI is guilty of anything, it's "deception by omission." That is, they were never open about the process and the use of digital in the chain.
One thing to mention is that hardly anyone is criticizing the sound quality of these LPs, even after this revelation. Me personally, I wouldn't spend over one hundred dollars for any recording regardless of the format.